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HomeMy WebLinkAboutTranSystems, a Missouri corporation - 2008-08-04 r-- Council/Agency Meeting Held: '0 A d Deferred/Continued to: )�Appr ed ❑ Conditionally Approved ❑ Denied ,Z rClepl('s Si ature Council Meeting Date: 8/4/2008 Department ID Number: PW 08-33 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL. ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEM rw � SUBMITTED BY: P UL EMERY, INTERIM CITY ADMINISTRATO ` ,� 1, PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR PUBLIC WORK SUBJECT: Approve As-Needed Construction Management Agreements. Statement of Issue,Funding Source, Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Public Works Department requires General Construction Management services on an as-needed basis. Funding Source: Funds are available within budgeted capital improvement projects. commended Action: Motion to: 7- Agreement Approve and authorize the Mayor and City Clerk to execute Professional Services with TransSystems for As-Needed Construction Management and Administrative Support Services for an amount not to exceed $3 million. 2. Approve and authorize the Mayor and City Clerk to execute Professional Services Contracts with Dudek, for As-Needed Construction Management and Administrative Support Services for an amount not to exceed $3 million. 3. Approve and authorize the Mayor and City Clerk to execute Professional Services s00 Contracts with CivilSource for As-Needed Construction Management and Administrative r�(,t Support Services for an amount not to exceed $3 million. 4. Approve and authorize the Mayor and City Clerk to execute Professional Services Contracts with IDS Group for As-Needed Construction Management and Administrative Support Services for an amount not to exceed $3 million. Alternative Action(s): Approve selected, or none of the agreements and direct staff to request proposals from other engineering firms to complete current and future projects or direct City staff to perform this work. Due to limited availability, using City staff could jeopardize the completion of all projects to be constructed each year. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/4/2008 DEPARTMENT ID NUMBED: PW 08-33 Analysis: The City currently has no agreements with firms to provide construction management services on an as-needed basis. Contract assistance has been project specific construction management agreements or as-needed civil engineering consultants. Construction management is a specialized function in completing capital projects, and as-needed services provide the most flexibility for the city. The proposed new agreements each allow for a five- year contract term with a total budget not to exceed $3 million per firm. In compliance with Chapter 3.03 of the Municipal Code, proposals were requested from interested firms. Proposals were rated by experience and ability to provide services on an as-needed basis. Four qualified firms were selected. It is to the City's benefit to retain qualified firms for capital project construction management. Project assignments are rotated among the consultants, taking advantage of their various specializations. The alternative to as-needed construction management agreements is the preparation of request for proposals and requesting proposals for individual projects. With over 50 budgeted projects to complete over the next two years; the as needed process provides significant savings in staff hours. Public Works Commission Action: Not required Strategic Plan Goal: 1-1 Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. C-2 Provide quality public services. Environmental Status: Not applicable Attachment(s): ® ® ® - o 0 1 Professional Services Contract with TransS stems 2. Professional Services Contract with Dudek �W 3. Professional Services Contract with CivilSource 4. Professional Services Contract with IDS Group -2- 7/15/2008 5:25 PM p►TTACHMENT # 1 City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 14, 2008 TransSystems Attn: Steve Schumucker 6700 East Pacific Coast Highway, Ste. 201 Long Beach, CA 90803 Dear Mr. Schumucker: Enclosed for your records is a copy of the Professional Services Contract between the City of Huntington Beach and TransSystems for As-Needed Construction Management and Administrative Support Services. Sincerely, � -0-"- 4") Joan L. Flynn, CMC City Clerk JF:pe Enclosure: Agreement G:followup:agrmtltr Sister Cities: Anjo, Japan . Waitakere, New Zealand 1 Telephone: 714-536-5227) PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TRANSYSTEMS FOR AS-NEEDED CONSTRUCTION MANAGEMENT AND ADMINISTRATIVE SUPPORT SERVICES Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance ...............................................................................................2 3 Term; Time of Performance....................................................................................2 4 Compensation..........................................................................................................2 5 Extra Work..............................................................................................................2 6 Method of Payment .................................................................................................3 7 Disposition of Plans, Estimates and Other Documents...........................................3 8 Hold Harmless.........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance ...........................................................................................5 11 Independent Contractor...........................................................................................6 12 Termination of Agreement......................................................................................6 13 Assignment and Delegation................................................. 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices................................................................... ....................7 17 Consent....................................................................................................................8 18 Modification............................................................................................................8 19 Section Headings.....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original ...................................................................................................9 22 Immigration..............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees .........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories................................................................................................................10 28 Entirety.....................................................................................................................10 29 Effective Date.................................................................................I I PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TRANSYSTEMS FOR AS-NEEDED CONSTRUCTION MANAGEMENT AND ADMINISTRATIVE SUPPORT SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and TRANSYSTEMS, a Missouri corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to as-needed construction management and administrative support services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in ]Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Steve Schmucker who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 08-1651/23291 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on AJ6usr� ,qco_' (the "Commencement Date"). This Agreement shall automatically terminate five (5) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than June 30, 2013 from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "1B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Three Million Dollars ($3,000,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 08-1652/email 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit ">B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 08-1651/23291 3 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT 08-1651/23291 4 waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner,the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all 08-1651/23291 5 payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 08-1651/23291 6 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach TranSystems ATTN: Eric Charlonne Attn: Steve Schmucker 2000 Main Street 6700 East Pacific Coast Highway, Ste. 201 Huntington Beach, CA 92648 Long Beach, CA 90803 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 08-1651/23291 7 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 08-1651/23291 8 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 08-1651/23291 9 25. SURVIVAL Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GGVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power,authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not,in fact,held by the s' at or is withdrawn, CONSULTANT's initials 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arils length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement,promise, agreement,warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement; and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this 08-1651123291 10 Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers, This Agreement shall be effective on the date of its approval by the City Council.. This Agreement shall expire when terminated as provided herein. T YSTEMS CITY OF HUNTINGTON BEACH,a municipal corporation of the State of 60� Ca a B : print me Mayor ITS: e)Chairm n/Presid ice PresidentC#") AND VCity Clerk Ey' Au l INITIATED AND APPROVED: print name ITS: (circle one)Secretary/Chief Financial office Asst. Director of.Public'Wo&s Secretary Treasurer REVIE PROVED: City AdrAfistrator APPROVED AS TO FORM: �.p5 City Attorney -7 l3 08-1651/23291 E&AHIBI'T "A" A. STATEMENT OF WORK: CONSULTANT shall provide construction management and administrative support services for various City capital improvement construction projects such as sewer lift stations, roadway rehabilitation, new park developments and waterline projects on an"as- needed"basis. Due to the fact that some of the City projects will be funded by Federal or State grants, CONSULTANT must comply with requirements of Caltrans' Local Program Manual and the City of Huntington Beach Quality Assurance Plan for Federal and State Funded Projects and all applicable prevailing wage laws. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT's duties and responsibilities shall follow provisions specified in the City of Huntington Beach As-Needed Construction Management and Administrative Support Typical Scope of Work (Exhibit A.1). Services shall include but is not limited to the following: CONSULTANT will provide the required construction management and administration services for the City's Capital Improvement projects, as directed. The following are the typical services and deliverables anticipated on each project: Pre-Construction Services ® Attend the pre-bid meeting and work with the City, Architect and all the Consultants to establish a fair bid process. e Perform Constructability Review on 75% complete designs (this will be a separate fee request, as needed). d Provide an independent cost estimate at the end of each design phase package with both comments and recommendations. ® Perform a thorough review of project design and design documents to become familiar with the project. ® Prepare the Construction Management Procedures Manual for each assigned project. ® Establish project filing and other record keeping systems. Mobilization ® Pre-Construction Meeting: TranSystems will schedule and conduct a pre- construction meeting involving the Contractor, Architect, Consultants and stakeholders to maintain consistency in communication and smooth coordination throughout the project. The agenda for the pre-construction meeting will include reviewing overall project objectives, key personnel roles, responsibilities of team members, execution of work, Best Management Practices, Quality Assurance Program, construction schedule, schedule of values,procedures for handling jmp/contracts group/exA/6/10/08 1 of 10 EXHIBIT "A" submittals, lines of communication, formal documentation, construction staging, public safety and access, correspondence, utility relocations, local agency permit requirements, requests for clarification, progress payments, change orders, safety issues, emergency response requirements, and other pertinent topics. TranSystems will prepare and distribute pre-construction minutes to attendees and other parties. ♦ TranSystems will work closely with required Public Agencies, Architect, Contractor and City departments on any regulatory and permit issues, setting controls in place up front to make sure that construction conforms to requirements. TranSystems will coordinate with City officials to select and retain all professional services required, such as surveyors, special consultants and testing and inspection. TranSystems will establish a program for the Contractor to request inspection and testing services and document the results of each test. Safety ♦ TranSystems will work to ensure public safety during all phases of construction by developing a staging plan with the Contractor that takes public access into account, smart staging of equipment and work, clear signage and utilizing flag men during tasks to protect visitors and staff. Correspondence, Reports, and Other Forms of Communication ♦ Document Standards: Prepare project correspondence and other forms of communication in accordance with industry standard document control and management procedures. ♦ Document/Tracking Control: By establishing a communication protocol that includes routing all correspondence through our Construction Manager, TranSystems will effectively maintain document controls for the project. TranSystems "smart" filing systems is a key component of their document control system and has proven to be an excellent means of tracking all correspondence and monitoring the key project issues. ♦ TranSystems will manage the receipt, logging, control, tracking and timely processing of project documents, correspondences, any forms of communication, shop drawings, calculations, data, submittals, manuals and samples received as part of the construction process, non-compliance, work to be completed and other tracking logs as requested. ♦ Records: Maintain records of inspections, reports, and test results received from the Contractor, Design Engineer, manufacturers and other pertinent parties. Site Conditions and Progress Visual Documentation ♦ Pre-Construction Video: Coordinate and review the Contractor's videotape of pre- construction site conditions prior to beginning any construction operation. Confirm existing conditions within the limits of the work in adjacent areas. Clearly depict the pre-existing conditions of public and private improvements, including, but not limited to street, drainage, utilities, landscaping and irrigation improvements. Compare Contractor's pre-construction site surveys to site surveys performed. Note any discrepancies and resolve issues. TranSystems shall issue a memorandum describing jmp/contracts group/exA/6/10/08 2 of 10 EXHIBIT "At' A" the pre-existing damages identified within the limits of work and along access and haul roads. TranSystems will meet with City staff to review pre-existing damage and document and confirm existing conditions. Document any damage to public and private improvements incurred during construction operations and meet with owners immediately following discovery of damage to resolve repair requirements and responsibilities. ♦ Progress and Other Photos: TranSystems will maintain a digital photographic library of significant construction activities to include new piping, structures, relocated utilities, and connections to existing facilities. Additional photos will also be taken to document differing site conditions, change order and claim items, and any special or unique conditions as they arise. Photographs taken by others will be incorporated into the overall photo documentation record of the project. Meetings ♦ Weekly to Monthly Construction Progress Meetings: TranSystems will schedule and conduct construction progress meetings with the Contractor and the City. TranSystems has developed a specific construction meeting format that will be used on all public works projects. This format included a review of the current and look - ahead schedule, budget and change orders, RFIs and clarifications, project progress and overall safety. TranSystems will provide meeting agendas and cover any other open items. TranSystems' minutes are concise and reflect ball-in-court status of all outstanding activities. TranSystems also maintains logs of all transmittal documents for the record. These logs reflect when the document was transmitted and its current status. ♦ Other Meetings: Attend any other construction-related meetings, as requested by the City. Shop Drawings and Submittal Reviews ♦ Submittal Reviews: TranSystems will review each submittal received from the Contractor for conformance with the requirements of the drawings and specifications and check each submittal against the Contractor's schedule for potential impacts. TranSystems shall coordinate required reviews of submittals with the Design Engineer and the City and distribute submittals to appropriate reviewers with dated transmittal letters. ♦ Submittal Log and Status of Submittals: TranSystems will maintain an active database log of all submittals, shop drawings, calculations, data samples, submittals, and manuals from the Contractor noting date of receipt, review comments, acceptance or rejection and the date of return. Quantities of each transaction are also noted. The submittal log is updated as items are received and responses given. TranSystems prepares weekly exception reports identifying outstanding submittals and reviews and review with the Contractor the status of submittals at the weekly construction meeting using the submittal log and the master submittal list. jmp/contracts group/exA/6/10/08 3 of 10 EXHIBIT "A" Plan and Specification Interpretation and Control m TranSystems' systems of controls for managing projects on schedule and within budget include a reliable and standardized series of logs that are maintained on a regular basis. TranSystems will utilize a formal construction management system that includes a true document control system with a"smart" filing system at its core. ® Requests for Information (RFI): RFIs are thoroughly reviewed as submitted and the staff evaluates potential cost and time impacts. TranSystems will coordinate the RFI log and maintain a log to show when the item was transmitted and the status of the review process. TranSystems will review and respond to the RFI and make every effort to provide appropriate response prior to involving the Design Engineer. TranSystems will forward the RFI to the appropriate entity for a response and track the process to make certain a prompt response is forwarded to the Contractor. In the event the RFI is related to work in progress, TranSystems will seek an immediate response to avoid delaying any work. TranSystems will review answers and prepare formal response to the Contractor within five calendar days of receipt of response, or as needed to meet schedule requirements. Respond in writing to Contractor questions from a reasonable review of the drawings and specifications for clarification items. Record changes in the record specifications and plans. ® Requests for Changes in Design: Review and respond to requests for design revisions by the Contractor. TranSystems is fully aware that responses to requests for design revisions require prior written approval from the City and/or Design Engineer and understand that revisions in design may take the form of value engineering (VE) and shall require extensive research, evaluation, and recommendation from the Design Engineer. TranSystems will provide written recommendations, as required. ® Field Orders: Initiate and review field orders when a change in the work is needed to maintain the design intent. Issue the field order to the Contractor and monitor the work for compliance. Track the issued field orders in a log. Document the changes in the record specifications and plans. If required, follow-up with a change order within 14 calendar days of mutual agreement with Contractor on pricing and conditions. ® Substitution Requests: Coordinate evaluation of"or-equal" or product substitution requests with the Design Engineer, the City, vendors, manufacturers, and others. Prepare evaluation and recommendation for "or-equal" or product substitution request. e Record Drawings and Specifications: TranSystems will continually update the plans and specifications as the work progresses to incorporate modifications and changes from all sources, such as submittals, RFI, field orders, extra work, and change orders. All record drawings and specifications will be noted and discussed with the Contractor monthly. Construction Management Administration and Staffing o Management: TranSystems shall oversee, perform, and coordinate construction management services as required by the progress of the work. Prepare reports, letters, and memoranda; conduct meetings; monitor and track the expiration of insurance jmp/contracts group/exA/6/10/08 4 of 10 EXHIBIT "A" requirements and obtain updated certificates from the Contractor(City to process through Risk Management); coordinate sub-consultants, testing, and specialty services; review daily inspection notes and identify and resolve nonconforming items; notify the City of significant problems and discrepancies; interpret drawings, specifications, and reference standards; monitor construction activities and schedules; resolve constructability problems; coordinate connections and operations; prepare change orders; review and notify the Contractor of test results; investigate claims; perform inspections; review the Contractor's project record drawings periodically and concurrently with Contractor progress payments; prepare project punch lists; and all other duties related to construction management as requested by the City. ♦ Resolution of Day-to-Day Construction Issues: TranSystems will address day-to-day construction issues raised for resolution. TranSystems will coordinate with the City, Design Engineer, and Contractor on technical issues and concerns, as well as interpretation of the design documents. Interface with the Design Engineer for resolution of technical issues, processing of change order requests or design changes to suit actual conditions encountered in the field. Progress Payments ♦ Monthly Review: Conduct monthly schedule and progress payment meetings with the Contractor and coordinate and update the record drawings at this meeting. The result of the meetings shall be the progress payment estimate and the baseline schedule. Coordinate the review of the Contractor's monthly progress payment request with City staff and prepare a recommendation stating the proper amount of payment. TranSystems will utilize the Schedule of Values and actual quantities installed as a basis for the recommendation. ♦ Progress Reports: The City is kept abreast of progress via monthly Executive Summary of the project noting physical progress and providing reports on cost, schedule, current issues and trends. TranSystems will also provide the City with any potential claims that have not been resolved. ♦ Insurance Certificates: TranSystems will maintain a log of all insurance certificates filed by the Contractor. The log will indicate when renewal is required to prevent any lapse in coverage. Schedule ♦ TranSystems will provide a proposal for each task order issued by the City of Huntington Beach that contains an estimate for our services and a duration or schedule. This schedule will correspond to the project schedule and include activities related to pre-construction, construction and post-construction as requested by the City. Our services will be coordinated to augment those provided by City Staff and to facilitate the construction activities planned by the Contractor. TranSystems has staff available for City of Huntington Beach projects and will only utilize approved staff for each project. ♦ TranSystems is very familiar with staffing and schedule requirements for on-call contracts. Providing the right staff for each project without compromising the jmp/contracts group/exA/6/10/08 5 of 10 EXHIBIT "A" schedule is essential to good management practices. TranSystems will work with the City to provide a smooth transition for each project, beginning with pre-construction services. As the project develops, TranSystems will plan for the construction phase and provide the requisite services. v TranSystems understands the City desires to have a number of firms under contract and available for specific types of projects. TranSystems has the capability and experience to meet the needs of virtually every potential project planned. Our firm is prepared to provide the highest level of service to the City and TranSystems understands the nature of the work and how to interface with the various departments and agencies. Change Order Management ® TranSystems formalizes all requests for change, whether arising from City staff, the Architect or the Contractor. All changes or clarifications are formally transmitted to the Contractor and logged into our filing system. ® Identify and Track Changes: Identify and track potential changes to the original scope of work. TranSystems will establish the completeness and appropriateness of the requested change. TranSystems shall prepare, log, and monitor Contractor or City initiated changes to the work, extra work, and change orders. o Requests for Cost Proposals: Request cost proposals from the Contractor for extra work and negotiate final cost. ® Justification of Extra Work or Change: Prepare written justification and conduct an independent cost estimate and schedule impact analysis for review and approval by the City. This will include a statement of the extra work or change; background leading to issue; resolution alternatives and resolution recommendation for action by the City. ® Prepare Change Orders: After receiving approval, TranSystems will prepare a change order in the approved format, obtain appropriate signatures and monitor the work. This will be done within seven calendar days of the finalization of negotiations. Claims Management Identify and Track Claims: Identify, prepare log and monitor Contractor potential claims and report verbal and written claims immediately to the City. Coordinate claims with the City's Project Manager, Risk Manager, and General Counsel Office. ® Resolution Alternative: Prepare written explanation of each claim with full background of issues, proposed resolution alternatives, and resolution recommendation for action. ® Negotiate and Resolve Claims: Assist and support the City in resolving claims and disputes, including written responses to Contractor and private parties, giving depositions, assisting with dispute resolution, arbitration and litigation, serving as an expert witness, investigating claims for damages by private sources, design services jmp/contracts group/exA/6/10/08 6 of 10 EXHIBIT "A" for replacement of damaged work, and services made necessary by Contractor default. Negotiate claims to an agreed conclusion. ® Private Party Claims: Investigate claims for damages by private parties and coordinate the written response with the City's Project Manager and Risk Manager. Quality Assurance ® Inspection of the Work: Provide inspections as necessary to ensure that materials and workmanship are in compliance with the contract documents. Coordinate delivery, inspect for defects or missing parts and oversee recording the receipt and storage of equipment. Inspect construction activities, which are identified in the contract documents to be performed at night, weekends, and/or holidays. ® Reports: Prepare reports of the construction activities including weather conditions, Contractor's equipment and manpower, work performed, materials used, site visitors, noting delays in work and reasons for the delays, and deficiencies. Prepare reports of deviations and non-conformance to specifications and provide responses in accordance with the specification requirements. ® Revisions to Contractor's Methods: Discuss appropriate revisions to the methods and procedures used in performing the work. Inspectors may not authorize extra work or approve of work that deviates from the contract documents. Any deviations must be authorized through the RFI process. ® Deviations in the Work: Advise the City and Contractor of any deviations in the work. TranSystems will document and record deviations that are not corrected and deliver a Notice of Non-Compliance to the Contractor and perform the necessary follow-up to resolve Notices of Non-Compliance. Unresolved Notices will be included on substantial completion punch lists. ® Pipeline Shutdowns: Coordinate necessary pipeline shutdowns with City staff to complete connections to existing facilities. Geotechnical Engineering and Material'Testing Services (by the City) ® General Requirements: TranSystems will schedule sampling, material testing, and laboratory services in accordance with the methods prescribed in current standards of the American Society for Testing and Materials (ASTM). The standards shall be applicable to the class and nature of the articles or materials under review unless otherwise stipulated in the project specifications, or authorized in writing by the City. Landscape and Revegetation Inspection (by the City) ® General Requirements: TranSystems will verify that inspection, sampling, and testing of landscape, irrigation, and revegetation systems to ensure contract compliance of all work and the establishment of all planting to the standards, quality, and density required of the contract documents. A Landscape Inspection and Testing: TranSystems will verify that inspections and testing of irrigation systems for proper placement, installation, bedding and backfill, leakage, and coverage. System components to be inspected will include mainline and jmp/contracts group/exA/6/10/08 7 of 10 EXHIBIT "A" lateral irrigation pipe, valve manifold assemblies, backflow devices, quick couplers, and irrigation equipment. Review and receive all soil report data and soil amendment and fertilizer slips for conformance with contract documents. Startup, Closeout and Acceptance Services ® Operation Testing Plan: Review and recommend the operational testing plan. Coordinate the testing of the equipment and facilities with the City and assist Contractor's personnel as required during the startup phase. ® Punch List: Ensure that an internal punch-list of all pending or uncompleted work is prepared for resolution by the Contractor. Upon correction of deficiencies, TranSystems will schedule, coordinate, and conduct a final walk-through prior to the acceptance of work with the City and other parties. Provide certification of Contractor's compliance on work items specifically requested by the City. Verify that work, testing, cleanup, and Contractor demobilization are complete. ® Final Walk-Through: Schedule, coordinate and conduct a final walk-through and project review prior to the City's acceptance of the work. ® Recommend Acceptance: Recommend acceptance of the work in writing in preparation for issuance of the Certificate of Substantial Completion and/or Notice of Completion. ® Closing-Out Contract: Take the lead in negotiating and closing out the construction contract. Prepare the memorandum to the City recommending acceptance of the project and the Notice of Completion. 0 Final Project Records and Documents: TranSystems shall turn over all final project records and documents to the City upon completion of the project. Post Construction ® Operations and Maintenance Materials: Deliver the Operations and Maintenance Manuals and any spare parts and equipment upon acceptance of the project by the City. 9 Record Drawings Certification: Review and certify that the Contractor's project record drawings are complete and accurate. Provide the drawings to the Design Engineer. ® Final Payment: Recommend final payment in the form of release of retention to the Contractor in accordance with contract requirements. Verify that the Contractor has made all payments to the subcontractors and vendors and that any stop notices or liens have been released. Obtain a Conditional Waiver of Lien from the Contractor prior to recommending final payment. Review of Prevailing Wage Requirements ® TranSystems is very familiar with prevailing wage requirements and will verifyy that wages paid are commensurate with the project requirements. TranSystems will make sure the Contractor submits current certified payroll documents as required each jmp/contracts group/exA/6/10/08 8 of 10 EXHIBIT vvAvv month,and check these records with our daily log of manpower on the site. Using a graph, TranSystems keeps a record of the payroll records that have been checked and verified. In the event the records do not reflect the daily manpower on the site, TranSystems will request additional information from the Contractor. TranSystems staff will also conduct a monthly interview with one employee from each trade working at the site to verify the correct wage is being paid. Records of these interviews shall be kept in the project files. All services will be performed by in- house staff. Extended Services (by separate fee request) ♦ Extended Services: Provide other miscellaneous specialty services as required during construction. Miscellaneous specialty services, which may be required, include, but are not limited to: mechanical, electrical, structural, and civil supplemental engineering design; witness testing; factory inspections; and noise and air quality monitoring services. Special Requirements ♦ Due to the fact that some of the City projects will be funded by Federal or State grants, TranSystems will comply with the requirements of Caltrans' Local Program Manual and the City of Huntington Beach Quality Assurance Plan for Federal and State Funded Projects and all applicable prevailing wage laws. Ivey Problems, Constraints, Issues ♦ Unknown Site Conditions: Unknown site conditions are handled by first investigating the what, when, where and how of the situation. The next step is contacting the appropriate agencies to confirm the magnitude of the problem. The responsible parties will be notified and contacted to discuss the issues to determine the scope of the work. The project team will then work towards the appropriate resolution. The event will be documented and all recorded. ♦ Poor Contractor Performance: This is usually avoided by early tracking of manpower and material delivery. Daily observation of production and short-term forecasts provide immediate feedback on the Contractor's ability to complete the work as scheduled. In the event of continued poor performance, TranSystems will issue written warnings of non-performance along with any cost impacts. This will be recorded, documented and discussed with the Contractor and the City. Stronger methods of enforcement involve notification of bonding company and withholding payment for work completed. ♦ Schedule Delays: Delays and disputes can be avoided by proper planning with the Contractors in advance of the work to ensure they intend to provide the complete scope of services. This is usually avoided by early review of critical items during weekly construction meetings. Manpower constraints and material delivery problems can be reviewed and alternative solutions provided. Close supervision and early response time is key to maintaining schedules. jmp/contracts group/exA/6/10/08 9 of 10 EXHIBIT "A" C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish a scope of work request for each project assigned. 2. Furnish construction plans and specifications to the consultant. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. jmp/contracts group/exA/6/10/08 10 Of 10 EXHIBIT A.1 Typical Scope of Work City of Huntington Beach Construction Management and Administration Services For City Capital Construction Projects 1.0 Project Description: This scope of services is to provide the typical construction management and administration services for various City Capital Improvement Projects. The following are the typical services and producibles anticipated for these projects, 2.0 Pre-Construction Services 2.1 Attend the pre-bid meeting. 2.2 Perform Constructability Reviews on 75% complete designs (this will be a separate fee request,as needed) 2.3 Perform a thorough review of project design 100%design documents to become familiar with the project. 2.4 Prepare the Construction Management Procedures Manual for each assigned project. i 2.5 Establish project filing and other record keeping systems. 3.0 Mobilization 3.1 Pre-Construction Meeting. Schedule, notify appropriate parties, and conduct an initial pre-construction meeting with the Contractor. Prepare and distribute pre- construction minutes to attendees and other parties. The pre-construction meeting shall cover, as a minimum, the overall project objectives, responsibilities of key personnel and agencies, schedules, schedule of values (bid breakdown), procedures for handling submittals, correspondence, utility. relocations, local agency permit requirements,requests for clarification,progress payments, change orders, safety issues, emergency response requirements, and other pertinent topics. Provide opportunities to have the Contractor's questions answered. Collect from the Contractor the submittal items required to be submitted at the pre-construction meeting. 4.0 Correspondence,Reports,and Other Forms of Communication 4.1 Document Standards. Prepare project correspondence and other forms of communication in accordance with industry standard document control and management procedures. Page 1 H 4.2 Document/Tracking Control. Manage the receipt, logging, control, tracking, and timely processing of project documents, including correspondence and other forms of communication, technical documents, shop drawings, calculations, data, submittals, manuals, and samples received as part of the construction process, non-compliance,work to be completed,and other tracking logs as requested. 4.3 Records. Maintain records of inspections, reports, and test results received from the Contractor,Design Engineer,manufacturers,and others. 5.0 Site Conditions and Progress Visual Documentation 5.1 Pre-Construction Video. Coordinate and review the Contractor's videotape of pre- construction site conditions prior to beginning any construction operation. Confirm existing conditions within the limits of the work in adjacent areas and along access and haul roads. The Contractor's documentation shall clearly depict the pre-existing conditions of public and private improvements,including,but not limited to, street, drainage, utilities, landscaping, and irrigation improvements. Compare Contractor's pre-construction site surveys to the site surveys performed under this scope of work. Note any discrepancies and resolve issues. Describe in memorandum, submitted prior to the beginning of any construction operation, pre-existing damage identified within the limits of work and along access and haul roads. Meet with owners of pre-existing damage to document and confirm existing conditions. Document any damage to public and private improvements incurred during construction operations and meet with owners immediately following discovery of damage to resolve repair requirements and responsibilities. 5.2 Progress and Other Photos. Maintain a digital photographic library of significant construction activities. Include new piping and structures, relocated utilities, and connections to existing facilities. Take additional photographs to document differing site conditions, change order and claim items,and any special or unique conditions as they arise. Incorporate photographs taken by others into the overall photo documentation record of the project. 6.0 Meetings 6.1 WeSJ& to Monthly Construction Progress Meetings. Schedule and conduct construction progress meetings with the Contractor and the City. Provide meeting agendas and discuss the schedule,near-term activities,clarifications and problems which need resolution, coordination with other Contractors, status of change orders, submittals and RFIs, safety issues, OSHA visits and citations, and other topics. Identify action items and assign responsibility for the action and date action is to be completed.Prepare minutes of the meetings and include identified action items. Review the meeting minutes with the Contractor and obtain the Contractor's concurrence with the content. Distribute the minutes to the attendees within five calendar days of the meeting. 6.2 Other Meetings. Attend other construction-related meetings as requested by the City. Page 2 7.0 Shop Drawing and Submittal Reviews 7,1 Submittal Reviews. Review each submittal received from the Contractor for conformance with the requirements of the drawings and specifications. Check each submittal against the Contractor's schedule for potential impacts. Coordinate required reviews of submittals with the Design Engineer and the City. Submittals of a general nature are to be reviewed and processed by the Design Engineer. Distribute submittals to appropriate reviewers with dated transmittal letters. 7.2 Submittal Log and Status of Submittals. Log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the Contractor. Update the submittal log as items are received and responses given. Prepare weekly exception reports identifying outstanding submittals and reviews. Review with the Contractor the status of submittals at the weekly construction meeting using the submittal log and the master submittal list. 8.0 Plan and Specification Interpretation and Control 8.1 Requests for Information (RFII. Coordinate the RFI log. Review and respond to Contractor RFI. Make every effort to review and provide appropriate response to RFI prior to involving the Design Engineer. Distribute RFI to appropriate staff and coordinate timely response. Review answers and prepare formal response to Contractor within five calendar days of receipt of response, or as needed to meet schedule requirements. Respond in writing to Contractor questions from a reasonable review of the drawings and specifications for clarification items. Record changes in the record specifications and plans. 8.2 Requests for Changes in Design. Review and respond to requests for design revisions by the Contractor. Responses to requests for design revisions require. prior written approval from the City and/or Design Engineer. Revisions in design may take the form of value engineering(VE)and shall require extensive research, evaluation, and recommendation from the Design Engineer. Provide written recommendations,as required. 8.3 Field Orders. Initiate and review field orders when a change in the work is needed to maintain the design intent. Issue the field order to the Contractor and monitor the work for compliance. Track the issued field orders in a log. Record the changes in the record specifications and plans. If required, follow-up with a change order within 14 calendar days of mutual agreement with Contractor on pricing and conditions. 8.4 Substitution Requests.Coordinate evaluation of"or-equal"or product substitution .requests with the Design Engineer, the City, vendors,manufacturers, and others. Prepare evaluation and recommendation for "or-equal" or product substitution request. 8.5 Record Drawings and Specifications. Update continually the plans and specifications as the work progresses. Incorporate modifications and changes from all sources, such as submittals, RFI, VE, field orders, extra work, and Page 3 change orders. Compare the record drawings and specifications with the Contractor record drawings and specifications monthly. 9.0 Construction Management Administration and Staffing 9.1 Management. Oversee, perform, and coordinate construction management services as required by the progress of the work, Prepare reports, letters, and memoranda; conduct meetings; monitor and track the expiration of insurance requirements and obtain updated certificates from the Contractor(City to process through Risk Management); coordinate subconsultants, testing, and specialty services; review daily inspection notes and identify and resolve nonconforming items; notify the City of significant problems and discrepancies; interpret drawings, specifications, and reference standards; monitor construction activities and schedules; resolve constructability problems; coordinate connections and operations;prepare change orders;review and notify the Contractor of test results; investigate claims; perform inspections; review the Contractor's project record drawings periodically and concurrently with Contractor progress payments; prepare project punch lists; and all other duties related to construction management as requested by the City. 9.2 Resolution of Day-to-DgX Con=etion Issues. Lead resolution of day-to-day construction issues raised, Coordinate with the City, Design Engineer, and Contractor on technical issues and concerns, as well as interpretation of the design documents. Interface with the Design Engineer for resolution of technical issues, processing of change order requests or design changes to suit actual conditions encountered in the field. 10,0 Progress Payments 10.1 Monthly Review, Conduct monthly schedule and progress payment meetings with the Contractor and coordinate and update the record drawings at this meeting, The result of the meetings shall be the progress payment estimate and the baseline schedule. Coordinate the review of the Contractor's monthly progress payment request with City staff and prepare a recommendation stating the proper amount of payment. Use the Schedule of Values and actual quantities installed as a basis for the recommendation. 10.2 Prepare monthly progress reports,of 6 to 10 pages, for City staff. 11.0 Change Order Management .11.1 Identi and Dtack Changes. Identify and track potential changes to the work. Prepare, log, and monitor Contractor or City initiated changes to the work, extra work, and change orders. 11.2 Requests for Cost Proposals.Request cost proposals from the Contractor for extra work and negotiate final cost. 11.3 Justification of Extra Work or Change. Prepare written justification and cost estimates for each extra work or change item. Justification shall include a Page 4 statement of the extra work or change; background leading to issue; resolution alternatives and resolution recommendation for action by the City. 11.4 Prepare Change Orders. Prepare and submit change orders in the City's format to the City for written approval within seven calendar days of the finalization of negotiations. 12.0 Claims Management 12.1 Identify and .Track. Claims. Identify, prepare, log, and monitor Contractor potential claims. Report verbal and written claims immediately to the City. Coordinate claims with the City's Project Manager, Risk Manager, and General Counsel Office, 12.2 Resolution Alternative: Prepare written explanation of each claim with full background of issues, proposed resolution alternatives, and resolution recommendation for action. 123 Negotiate and Resolve Claims. Assist and support the City in resolving claims and disputes,including written responses to Contractor and private parties,giving depositions, assisting with dispute resolution, arbitration and litigation, serving as an expert witness, investigating claims for damages by private sources, design services for replacement of damaged work, and services made necessary by Contractor default. Negotiate claims to an agreed conclusion, 12.4 Private Party Claims. Investigate claims for damages by private parties and respond in writing within two calendar days of receipt of the claim, Coordinate the written response with the City's Project Manager and Risk Manager. 13,0 Quality Assurance 13.1 Inspection of the Work. Provide inspections as necessary to ensure that materials and workmanship are in compliance with the contract documents. Coordinate delivery, inspect for defects or missing parts, and oversee recording the receipt and storage of equipment. Inspect construction activities, which are identified in the contract documents to be performed at night,weekends,and/or holidays. 13.2 Reports. Prepare reports of the construction activities including weather conditions, Contractor's equipment and manpower, work performed, materials used, site visitors, noting delays in work and reasons for the delays, and deficiencies. Prepare reports of deviations and non-conformance to specifications and provide responses in accordance with the specification requirements. Page 5 13.3 Revisions to Contractor's Methods. Discuss appropriate revisions to the methods and procedures used in performing the work, Inspectors may not authorize extra work or approve of work that deviates from the contract documents. Any deviations must be authorized through the RFI process. 13A Deviations in the Work. Advise the City's Project Manager and the Contractor of deviations in the work and document any deviations. Record deviations that are not corrected and immediately deliver a Notice of Non-Compliance to the Contractor. Perform necessary follow-up to resolve Notices of Non-Compliance. Include unresolved Notices of Non-Compliance on substantial completion punch lists. 13.5 Pipeline Shutdowns. Coordinate necessary pipeline shutdowns,with City staff to complete connections to existing facilities. 14,0 Geotechnical Engineering and Material Testing Services(by the City) 14.1. General Requirements. Schedule sampling, material testing, and laboratory services in accordance with the methods prescribed in current standards of the American Society for Testing and Materials (ASTM). The standards shall be applicable to the class and nature of the articles or materials under review unless otherwise stipulated in the project specifications, or authorized in writing by the City, The City will hire the Geotechnical Engineer for each project 15.0 Landscape and Revegetation Inspection(by the City) 15,1 General Recuirements. Verify that inspection, sampling, and testing of landscape, irrigation,and revegetation systems to ensure contract compliance of all work and the establishment of all planting to the standards, quality, and density required of the contract documents. 15.2. Landscape Inspection and Testing. Verify that inspections and testing of irrigation systems for proper placement, installation, bedding and backfill, leakage, and coverage. System components to be inspected will include mainline and lateral irrigation pipe, valve manifold assemblies, backflow devices, quick couplers, and irrigation equipment. Receive and review all soil report data and soil amendment and fertilizer slips for conformance with contract documents. 16.0 Startup,Closeout,and Acceptance Services 16.1 Operation Testing Plan. The operational testing plan shall be developed in consultation with the City, Design Engineer, Contractor, and all appropriate vendors, Review and recommend the operational testing plan. Coordinate the testing of the equipment and facilities with the City, and assist Contractor's personnel as required during the startup phase. Page 6 16.2 Punch List. Prepare detailed project punchlists at substantial completion of the project. Upon correction of deficiencies, schedule, coordinate, and conduct a final walk-through prior to the acceptance of work with the City and other parties. Provide certification of Contractor's compliance on work items specifically requested by the City, Verify that work, testing, cleanup, and Contractor demobilization are complete. 16.3 Final Walk-Through. Schedule, coordinate, and conduct a final walk-through and project review prior to the acceptance of work with the City. 16.4 Recommended Acceptance. Recommend acceptance of the work in writing in preparation for issuance of the Certificate of Substantial Completion and/or Notice of Completion. 16.5 Closing Out Contract. Take the lead in negotiating and closing out the construction contract. Prepare the memorandum to the City recommending acceptance of the project and the Notice of Completion. 16.6 Final Project Records and Documents. These records must be turned over to the City upon completion of the project j 17.0 Post Construction 17.1 . Operations and Maintenance Materials. Deliver the Operations and Maintenance Manuals and any spare parts and equipment upon acceptance of the project by the City. 17.2 Record Drawings Certification, Review and certify that the Contractor's project record drawings are complete and accurate. Provide the drawings to the Design Engineer. 17.3 Final Payment. Recommend final payment in the form of release of retention to the Contractor in accordance with contract requirements. Verify that the Contractor has made all payments to the subcontractors and vendors and that any stop notices or liens have been released. Obtain a Conditional Waiver of Lien from the Contractor prior to recommending final payment. 18.0 Extended Services(by separate fee request) 20.1 Extended Services. Provide other miscellaneous specialty services as required during construction. Miscellaneous specialty services, which may be required, include, but are not limited to: mechanical, electrical, structural, and civil supplemental engineering design; witness testing; factory inspections; and noise and air quality monitoring services. Page 7 EXHIBTT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly payments toward the fees set forth herein in accordance with the following payment schedules. CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: See Exhibit B.1 —Proposed Hourly Fee Schedule Total fees shall not exceed Three Million Dollars ($3,000,000.00). CONSULTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit. CONSULTANT shall not continue with any work effort over the amount of the maximum limit unless first authorized in writing by City authorized representative(s). The hourly rates for years four and five shall increase based on the Consumer Price Index(CPI) for all Urban Consumers in the Los Angeles, Riverside or Orange County areas or 5%,whichever is lower. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the Surfnet Exhibit B EXHIBIT B Fixed Fee Payment information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Sufnet Exhibit B EXHIBIT B Fixed Fee Payment — -, EXHIBIT B.1 ® ° ss TranSystems FEE SCHEDULE On-Call Services Three-Year Blended Rate Sheet (Effective April 01,2008 thru April 01,2011) Professional and Technical Personnel Classifications Principal Project Manager $210.00 Alternate Project Manager $190,00 Principal Engineer $195.00 Senior Project Manager $172.00 Area Construction Manager $155.00 Senior Construction Manager $140.00 Construction Manager/Resident Engineer $125.00 Project Engineer $100.00 Cost Estimator $100.00 Senior Planner/Permit Specialist $104,00 LEED Certified Inspector $110.00 CADD Operator/Drafter $95.00 Inspector/Construction Observer $65.00-$85.00 Assistant Construction Manager/Field Engineer $60.00-$80.00 Clerical $65.00 EXCEPTIONS AND GENERAL INFORMATION 1. The Scope of Work does not include payment of fees to Regulatory Agencies for applications, permits, reports or prints. 2. Changes in the Scope of Work will be deemed "Extra Services"and will be billed at the hourly rates presented in the above Fee Schedule,or at a negotiated price agreed upon prior to the performance of the services.The Consultant is required to obtain written approval prior to commencing services outside the original scope. 3. The Scope of Work does not include any reproductions or copies.All prints and reimbursable expenses, such as delivery charges and sub-consultants,will be invoiced at cost. 4. This proposal fee schedule is a firm offer for a sixty(60)day period. ,I'UN-13-2008 16:07 Frorn:LOCK:TON COMPANIES 8169609145 To:562 584 6975 P.1/1 ACORD, CERTIFICATE OF LIABILI • 1 114VURA CE PRdUUCGR C'omptijus,I_!.L:-I KansaN City THIS CERTIFICATE IS ISSUaDAS A MATTER OF INFORMATION !=4r1 3?tl) UeeI.l,tisalc`>I J ONLY AND CONFERS NO RIGHTS UPON T HE CERT,F,CATE kU City ste t t i?-i`11u, HOLIER.THIS CERYFICATE D05S NOT AMEND,EXTEND OR I.)s)t ALTER THE COVERAGE AFFORDED 8Y THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIL# MSURD I RANSYSTEMS CCA PCRA Ill IN tNSNIkFR A /I tiW E I AhiEWCAN INS CO ICI IICAW) 7:17e (1 701)IWST PACII 1 COA%I HICHIWAY INSURFR O SU I It.201 INSURER C LON(i iil,ALII CA 90803 IrasulifR 0 INSURFH E Tkum F' TIFIr LT -WGt}Fi i CQtAI{ TL A PONTRACT 1 r 'I N T 19i11�Nu COVERAGES IKASY0I I'M INBtlrtC rUTHtiR{(.Cp RCPRS stMATIV()4R PHa1:11teRAN)}IX-C_R?VICATLr)1ol.uiA THE POLICIES OF INSURANCE LISTij)SELOW HAVE BEEN IS'SUIE-0 TO THE INSURCO NAMED ASOVR FOR THE"ICY PERIOD INDICAI ED NO mamsTANDINC ANY RI QlJIREMFNT,TERM OK CONDITION OF AFJY CON I'RACT 44 OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE:MAY BE ISSUGq OR MAY PERTAIN.THE INSURANCE AFFORDED UY THE POLIClE5 DFSCRIDF;O HEREIN IS SIJVJECT TO ALL T1115 PERMS.EXCLUSIONS ANO CONIDITIONS OF SUCH POLICIES AGCREGATI;LIMITS SHOWN MAY HAVE BEEN REDUCED 13Y FAID Oi-AIMS If SR CN?'I. E-t,LtCY Ni)51UER POLICY FFFECIIVP POLICY EXPIHATIQN LIMII'� LITi N. TYPE OF INSUHANrf- OA TE MMRNtTY LAIC- MMzDD1YY OLNL`RAI,IJAUILITY 'At`tl OC-I I REri $ X\NX)(X.X COMIJEK LAIGENEHAI I_DkB)UTY NOI'AI'i'LICARI-1s A, 'u( ,(11 = $ XXXXXXX CLAWS MAOC c4_ cUR MGO EXF(Ait 608purWYk) $ Xxxxxxx PFKSONAL A AJV INJURY GCNERAI AGGREGATE S XXXXXXX 1--N'L ACa3ZEGATF I-R;ri'Api'LIDS Pui PftODLC,'(5-t;OMPICM'AGG S XXXXxxx 1'LN-rOY FiECT 40C AUTr}MOtOLE L!Aa!Wf COMBINED BINED UINCLE L IM)I' AN'YAUTD NCIT AIli'1 I"'.Alll_I� SEtsaavowotl 3 XXXxXXx' ALL OVtWQ AUTOS S AP VEDA TO Bol.)IIYINJUH'' s xxxxxxx Mar Nnr5an i r::EDW.GAU708, HIRIZIIAUTOS JE IFE McGRA7,0tyk, BODILY!NJUKY X K k�ix�X [,*N 2th'NI=u AUTOs FRWERTY DAMAGE $ xltXXKxx IP at#t✓adnntj GARAGI:I_IAPILI IY ALiI'O GNI.Y-EA ACU:t410 S xxxxxxx ANY AUTO NOT Ai'!'E ICAL#LFi OTHER THAN EA A" S xxx}(?C,�'x AUTO(INLY AGG S :<XXXXXX LIXCF55MMURELI.ALIAUILIIY EACH OiMURKENCE S xxxxxxx OCCUH L I C LAIMS MAIX, NOI AN'LIC'Alti F_ AGGREGATE $ xXXXXXX S XXXXXXX UMORULLA $ .'3{XXXX DEDUC IIRLE FORM '•FTLNT1ti1N S 1 S xxxxxxx WORKrR$L;0MPGN5ATIONAN[i ` ,W,:E;l•A,tr� i T2 EMPI_7YGR'u'LkhatuTv N(Yi APPLICALil ti , r_L rAGliAcclll:.NT s XXXX.xX; ANY PRQI�WEIL'})t1PA RTNI:HlI:SEGU'RVR OFFIC•i'ttaEMIDE4EXi1U+?r:D9 EL I?ttt�ASE-FACMI}).OYE-t- S XxXXkxx R Y4f W nt:C!G4 unuar .. SPECIAL PROVISIONS oaktrr. FLG16EnSE-PO(•I4YLIMI'( $ XXXXXXX A OTHCR Iloc VI 3'.)5m 1Wi/_'1007 lUJlll)L)$ CI 1101).000 I'.At'I I L L Al M&IN FI(01217SSIONAI ANNuv.At,(liticliA I Ii FUK Al 1. 1 IArt)L I L Y Pltnl ll 1 S G[SCRIPTION CIF OPERATIONS I LOGA')'IQNS 1 VEHICLE`S I E%),LUSIONS ADMID SY i=NOORSEME:NT i SPECIAL PROIASIPN8 WH FIAZVIcI 8 CERTIFICATE HOLDER CANCELLATION 36879fie iHOULD ANY 4N THE fi+sQ`=�DESG�O�L"Q P4}-)CtE>i��CANCE).1-W CIEFOHG'171E F.XPIt�UkT!ON C'IIYC)FFILIN'IINCi`IUN!3EAC'iI DATETHEREW,THC-MSUINOtNbURERYJ{i-LENDEAVORTOMAIL 30 DAY$WRITTEN 2600 MAIN ti'I R1,1.i r N0T.C:1'TO THE GERTIFIGAIE HOLDER NAMED 1 O THE LGF r,OUT FAILURE TO tx:)SO SHALL HUN 1 IN(i I ON 13NACIL CA 4'`G+Ii 2`t1)2 k4IPO5tiNQ OOLCGATION OR LIARILFY OP ANY KIND UPQN THE`INSUHL'M,ITS AO&ITS OR RdFRF-SENTAI IVES AUTHO :VNL<ELNTATIVL ACORD 25(2001108) For fFWKtur46 mvmr�p 11da rfrto W."I"'C Un nunllnw irNJ lllt#M'IhaYULif%40.11..b3 A NI d—city Q ACORD CORPORA TION 1.1988 ACORD, CERTIFICATE OF LIABILITYINSURANCE 10/1/2008 DA7/8/2008nrrY) ACORD, PRODUCER Lockton Companies,LLC-I Kansas City THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 444 W.47th Street,Suite 900 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Kansas City MO 64112-1906 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (816)960-9000 INSURERS AFFORDING COVERAGE NAIC#, INSURED TRANSYSTEMS CORPORATION INSURER A: ZURICH AMERICAN (O.P.,KS)#16535 1000119 6700 EAST PACIFIC COAST HIGHWAY INSURER B: SUITE 201 INSURER C: LONG BEACH CA 90803 INSURER D: NSURER E: THI COVERAGES TRASY01 PM NSURER(SIFICATE AUTHORIZED R PRESENTA OF INSURANCE DOESNOT OR PRODUCER AND THE CERE FICATE HOLDERING THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rA ADD . POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS NSR TYPE OF INSURANCE DATE MM/DD/YY DATE MM/DD/YY GENERAL LIABILITY EACH OCCURRENCE 1,000,000 X COMMERCIAL GENERAL LIABILITY GL03707153 10/1/2007 10/1/2008 DAMAGES( RENTED PREMISES Ea NTEDnce $ 1,000,000 CLAIMS MADE nX OCCUR MED EXP(Any one person) $ 5,000 X SEVERABILITY PERSONAL&ADV INJURY $ 1,000,000 X CLAUSE GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY PRO LOG JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO BAP3707150 10/1/2007 10/1/2008 (Ea accident) ALL OWNED AUTOS ^T�7� 7� p T - .[]r r V iJ t'1S A (PerDperslon)U INJURY $ XXXXXXX SCHEDULED AUTOS X HIRED AUTOS T AA ppT j p BODILY INJURY $ XX}CXXXX X NON-OWNED AUTOS �E A, E- Gik�gry=e- r 1 .Q 1��O O (Per accident) Il 1111 PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ XXXXXXX ANY AUTO- NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX AUTO ONLY: AGG $ XXXXXXX EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ XXXXXXX OCCUR CLAIMS MADE NOT APPLICABLE AGGREGATE $ XXXXXXX $ XXXXXXX UMBRELLA DEDUCTIBLE 0 FORM $ XXXXXXX RETENTION $ $ XXXXXXX A WORKERS COMPENSATION AND - WC3707154 10/1/2007 10/1/2008 X TORY LIIMITS OTH- ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE O FFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEEI$ 500,000 If yes.describe under NO SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1$ 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE:AS-NEEDED CONSTRUCTION MANAGEMENT AND ADMINISTRATIVE SUPPORT SERVICES.THE CITY OF HUNTINGTON BEACH IS AN ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY,AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION [M47430] 3709223 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF HUNTINGTON BEACH DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 2000 MAIN STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL HUNTINGTON BEACH,CA 92645-2702 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHOR PRESENTATIVE ACORD 25(2001108) For questions regarding this certificate,contact the number listed in lhe'Producer'section above and specify the clie ode' ASY01'. ©ACORD CORPORATION 1988 Additional Insured - Automatic - Owners, Lessees Or Contractors - Broad Form -------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------- Policy Number-Effective Date/Expiration Date: "See Attached Certificate" --------------------------------------------------------------------------- --------------------------------------------------------------------------- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to additional insureds applies only to "bodily injury", "property damage"or "personal and advertising injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The "bodily injury" or"property damage" results from your negligence; and 2. The "bodily injury", "property damage" or"personal and advertising injury" results directly from: a. Your ongoing operations; or b. "Your work" completed as included in the "products-completed operations hazard", performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organizations: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: 1. "Bodily Injury", "property damage", or"personal and advertising injury"that results solely from negligence of the additional insured; or 2. "Bodily Injury", "property damage", or"personal and advertising injury" arising our of the rendering or failure to render any professional architectural, engineering or surveying services including: Miscellaneous Attachment:M47430 Certificate ID.3709223 a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable or an 'occurrence"or offense that may result in a claim: 2. We receive written notice of a claim or"suit' as soon as practicable; and 3. A request for defense and indemnity of the claim or"suit'will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method described in Paragraph 4.c. of SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part nor changed by the terms and conditions of this endorsement continue to apply as written. Miscellaneous Attachment:M47430 Certificate ID:3709223